The U.S. Supreme Court narrowly defined "supervisor" for purposes of vicarious liability under Title VII as an employee who is empowered to take "tangible employment actions" against the victim. Tangible employment action is described as that which constitutes a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits." This ruling will limit claims of vicarious liability against employers as a result of unlawful actions by their employees.

Windels Marx applies an interdisciplinary approach to employment matters. We bring together our corporate, tax, Employee Retirement Income Security Act (ERISA), fiduciary, regulatory, and litigation attorneys in a best-practices approach. Learn more about our work advising on employment and employee benefits, as well as defending our clients interests in employment matters.